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DILL v. FEDERAL SAV. AND LOAN INS. CORP.

No. LR-C-86-734.

678 F.Supp. 1404 (1988)

David DILL v. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as receiver for FirstSouth, F.A., et al, Defendants.

United States District Court, E.D. Arkansas, W.D.

January 25, 1988.

Attorney(s) appearing for the Case

Walter W. Davidson, Thomas S. Stone, Robert J. Fuller, Davidson, Horne & Hollingsworth, Little Rock, Ark., for plaintiff.

Peter B. Heister, James W. Cherry, Jr., Eichenbaum, Scott, Miller, Crockett, Liles & Heister, Little Rock, Ark., Taylor M. Hicks, O. Clayton Lilienstern, J. Scott Carothers, Andrews & Kurth, Houston, Tex., John L. Rogers, III, Peter F. Lovato, III, Albert C. Maule, F. Thomas Hecht, Mary K. Butler, Joseph F. Griffin, Hopkins & Sutter, Chicago, Ill., (Harry W. Quillian, William K. Black, Thomas J. Segal, John Beaty, Office of General Counsel, Federal Home Loan Bank Bd., Washington, D.C., of counsel), for Federal Sav. & Loan Ins. Corp.

Robert K. Walsh, Friday, Eldredge & Clark, Little Rock, Ark., for Philadelphia Life Ins. Co.

T. Scott Clevenger, Mitchell, Williams, Selig, Jackson & Tucker, Little Rock, Ark., for Rebsamen Ins., Inc.

William David Duke, Griffin Smith, W.R. Nixon, Jr., Smith, Smith & Duke, Little Rock, Ark., for Hoffman.

Robert J. Brown, R.J. Brown, P.A., Little Rock, Ark., for Wiechern.

MEMORANDUM AND ORDER

HENRY WOODS, District Judge.

Pending now is the motion of the plaintiff, David Dill, to dismiss the counterclaim filed against him by the defendant, Federal Savings and Loan Insurance Corporation, as Receiver for FirstSouth, F.A. (FSLIC). Also pending is the FSLIC's motion for summary judgment against Dill based on the same counterclaim. For the reasons that follow, Dill's motion to dismiss is denied and summary judgment is granted in...

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